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HomeMy WebLinkAboutTIMBERLINE ANNEXATION AND ZONING - 40 91, A - CORRESPONDENCE - CITY COUNCILWDesk Local Print for Tom PETERSON Start of Item 1. Message. Dated: 01 / 19/93 at 1702. Subject: Hunting on Annexed Property Sender: Wendy MEYER / CFC/01 Contents: 2. TO: Tom PETERSON / CFC52/01 Part 1 FROM: Steve ROY / CFC/01 TO: DISTRIBUTION Part 2. CONFIDENTIAL This is in response to an inquiry from Chris Kneeland about a statement in the agenda item summary of the Timberline item. The statement is that the question of hunting on annexed property would be better addressed on a City-wide basis rather than through individual annexation agreements. This approach to the hunting issue has been recommended by both the City Attorney's office and Police Services. The reasons for the recommendation are: The City Code prohibits the discharge of weapons (including firearms) within the City, except: (a) if a permit is granted by the Police Chief, or (b) the discharge is part of a class of a school or university or at a firing range. Therefore, from a legal standpoint, the City lacks the authority under the existing Code provisions to enter into an annexation agreement which would permit the discharge of firearms unless the Police Chief were to issue a permit to the property owner. 2. The Police Chief is reluctant to issue firearm permits to particular property owners because: (a) the fact that a property has been recently annexed may or may not address the kinds of safety concerns that would have to be considered in issuing a permit, and (b) for enforcement purposes, it would be very difficult for officers to know whether particular properties have been exempted from the Code prohibition against the discharge of firearms. 3. If exceptions are to be created to this prohibition, the Council should address the issue on a City-wide basis and determine, as a matter of policy, the kinds of circumstances which would justify exempting particular properties. Again, from a legal perspective, there would 3 need to be some criteria related to legitimate municipal purposes which would provide a rational basis for differentiating among various property owners, and these criteria would need to be consistently applied to avoid equal protection problems. SJR:whm End of Item 1.